LAXMI & ORS. Vs. RAKESH & ORS.

JUDGEMENT

(1.) Dinesh Kumar, 34 years old, employed as Junior Assistant - Catering with Escorts Heart Institute and Research Centre, Okhla Road, New Delhi, suffered injuries in a motor vehicular accident that occurred on 13.10.2004 involving negligent driving of truck bearing No. HR 38C 8880 (the offending vehicle), and died in the consequence. His dependent family members (appellants) instituted an accident claim case (Suit No. 658/2004) on 22.12.2004, seeking compensation under Sections 166 and 140 of Motor Vehicles Act, 1988 (MV Act) on the averment that the accident had occurred because the motorcycle bearing No. UAO 7F 9783 (the motorcycle) driven by the deceased had been hit by the offending vehicle which had been driven, in turn, by Rakesh (first respondent) in negligent manner.

(2.) The tribunal held inquiry and, by judgment dated 29.10.2007, upheld the case about death having occurred due to negligent driving of the truck by the driver and, thus, holding him as the principle tort-feasor. It was also found that the offending vehicle was owned on the relevant date by Paramjit Singh (second respondent) and insured with National Insurance Company Ltd. (third respondent) each of whom was also held liable, the former on account of vicarious responsibility and the latter on account of contractual and statutory responsibility.

(3.) The tribunal, by the impugned judgment, awarded compensation in the sum of Rs. 7,06,980/- in favour of the claimants and directed the insurer to pay the same with interest at 7% per annum from the date of filing of the petition till realization, though accepting the plea about breach of terms and conditions of the insurance policy and on such basis also granting it recovery rights against the first and second respondents herein.